Florida Personal Injury Lawyer Blog

Published on: November 3, 2011

NTSB Recommends Complete Ban on Cell Phone Use by Truck Drivers

The National Transportation Safety Board has recently recommended that commercial truck drivers be prohibited from using hand-held or hands-free cell phones while behind the wheel.

As Florida trucking accident attorneys we have been following this issue and have come to the conclusion that the NTSB recommendations should be either be made into law or imposed privately by individual carriers. Despite a move last year by the Federal Motor Carrier Safety Administration to ban bus and truck drivers from text messaging, several horrific accidents have been blamed on distracted commercial drivers.

According to a report by CNN, the latest proposal comes in the wake of an accident in Kentucky where a 45-year-old trucker is accused of killing 10 people in a van while distracted by a cell phone. The truck in Kentucky crossed the median and slammed into the van, which was on its way to a wedding. An investigation revealed the driver had used his cell phone 69 times in the 24 hours before the accident and used it four times in the minutes before the crash.

Published on: October 17, 2011

Are Drug Charges in Florida Really Unconstitutional?

by Leland Garvin

Cases throughout Florida may end up coming unraveled if judges take note of what courts in Miami and Manatee County have done recently with drug cases that have been ruled unconstitutional, the Sarasota Herald-Tribune reports.

Cases of drug possession and drug sales may be dropped after Judge Mary Scriven, of the U.S. Middle District of Florida, ruled that Florida’s drug possession statute is unconstitutional because it lacks the element of intent — opponents argue that violates due process because it puts the legal burden on the defendant. Three circuit court judges have now asked the Florida Supreme Court to address the constitutionality question of Florida Statutes Section 893.13.

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A Fort Lauderdale criminal defense attorney who is familiar with recent case law can often use evolving law to a client’s advantage. These precedent setting cases typically start at the trial-court level when a defendant and experienced lawyer see a legal issue that permits them to fight the charges.

Published on: August 12, 2011

$10,000 for Anyone Involved in a Car Accident ?

by Leland Garvin

Sound too good to be true? Well it probably is…We’ve all heard the catchy jingles on our favorite radio stations announcing that after a car accident, we may be entitled to $10,000 in lost wages and benefits. DJ’s and “attorney spokesmen” encourage us to call one of these hot-lines from the scene of the accident—but is what they’re selling us for real?

The long and short answer is: Yes and No (answered like a true lawyer…I know.), but we realize, you probably already knew that. Many people, especially in South Florida, come to personal injury attorneys after even a minimal car accident looking for the $10,000 check that they’ve been hearing about on the radio or billboards.

What all these advertisements are referring to is your PIP (or Personal Injury Protection) Insurance, also referred to as No Fault Insurance. This insurance, which has long been the center of fierce debate in Florida, is the only type of mandatory auto insurance that Floridians are required to purchase. You may have even heard about this insurance from news reports of fraud, staged accidents, and Florida lawmakers constantly trying to regulate it in one direction or another.

Published on: July 26, 2011

Jeff Garvin Awarded “Trial Lawyer of the Year” at FLABOTA Annual Convention

by Leland Garvin

Each year, the Florida Chapter of the American Board of Trial Advocates (FLABOTA) presents the Trial Lawyer of the Year Award to one individual that has exemplified their selection criteria: being an excellent advocate with a distinguished career, having a superb reputation of high ethics and fair play, and having achieved outstanding results for his or her clients. A lawyer can only receive the Trial Lawyer of the Year Award once in his or her career. Part of the esteemed award includes a $5,000.00 cash donation to the law school of the recipient’s choosing.

Members of FLABOTA select the recipient of the award, and this year Jeff Garvin, of the Garvin Injury Law with offices in Fort Myers and Fort Lauderdale, received the once in a lifetime honor. Garvin chose his alma mater and Jennifer Zedalils of the University of Florida College of Law was on hand to receive the cash portion of the award.

The Garvin Injury Law focuses their practice on personal injury, medical malpractice, and wrongful death law. Garvin was a charter member of the local FLABOTA Chapter and is the immediate past president of the statewide organization. Garvin has been recognized for taking aggressive measures to help stop legislative initiatives that threatened to harm the Florida court system and impair the independence of the judiciary.

Published on: July 7, 2011

Casey Anthony Trial: What the @#$! and Now What?

by Leland Garvin

With the recent announcement of a not guilty verdict in the Casey Anthony trial, many onlookers are left to wonder how and why a case that seemed like a slam dunk could result in Casey Anthony walking free.

The backlash was seen not only in emotional crowds outside the courtroom, and across various broadcast channels, but with the advent of the internet and real-time sharing, many shared their opinions through Facebook, Twitter, and blog posts.

As referenced in the Palm Beach Post, the case was referred to as “the social media trial of the century.” Amy Singer, jury consultant for Anthony’s defense team, went on to say that at one point “over one million people were blogging about the trial, not including the thousands more who were either tweeting, texting, or discussing the case in online chat rooms.”

Published on: December 23, 2010

8 Quick Tips for Avoiding a DUI over the Holiday Season

by Leland Garvin

For the most of us, the possibility of getting a DUI increases during the holidays.

The holidays are a time when we attempt to leave work at work and spend some quality time with the ones we love. The holidays also include parties and a drink or two with old friends.

8 Tips for Avoiding a DUI over the Holiday Season In this post I wanted to pass on a few tips from the trenches during my experience as a prosecutor and now Florida DUI Defense Lawyer.

Published on: December 8, 2010

Jeff Garvin Selected as Fort Myers Personal Injury Litigator of the Year

by Leland Garvin

Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Jeffrey R. Garvin as the “Fort Myers Best Lawyers Personal Injury Litigator of the Year” for 2011.

After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.” Jeff Garvin Selected as Fort Myers Personal Injury Litigator of the Year

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 17th edition of The Best Lawyers in America (2011) is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.

Published on: November 1, 2010

Supreme Court Rules No Life Sentences for Florida Juveniles

by Leland Garvin

In May, the U.S. Supreme Court ruled that juveniles who commit crimes in which no one is killed can’t be sentenced to life in prison without the possibility of parole.

In the 6-3 majority opinion, Justice Anthony Kennedy wrote that the Eighth Amendment, which bans cruel and unusual punishment, forbids such sentences. The state must give youths “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation,” Justice Kennedy wrote.

Fort Lauderdale Florida Juvenile Crime Lawyer The case, Graham v. Florida, involved Terrance Graham, who in 2003 robbed a Jacksonville restaurant at age 16 with an accomplice. Sentenced to probation, Graham was arrested a year later for a home invasion robbery and sentenced in 2005 to life in prison for violating probation. The case was argued before the high court in November 2009.

Published on: September 28, 2010

Florida Law Attempts to Reign in Pain Clinics

by Leland Garvin

Nearly two years ago, a post here discussed the growing problem of unregulated pain-management clinics, so-called “pill mills,” and how South Florida – Broward County in particular – was ground zero.

According to the Centers for Disease Control, overdose deaths from painkillers are rivaling the No. 1 killer, traffic accidents. It attributes much of the increase to the overuse of prescription opiates such as OxyContin and Vicodin. In Florida, deaths from prescription-drug use rose from 2,780 in 2006 to 3,750 in 2008 – more than cocaine, according to the Florida Medical Examiners Commission.

You don’t even have to be a doctor to run a pain-management clinic. “You need a background check to get a liquor license — you can’t be a convicted felon and open up a bar — but you can be a convicted felon and open up a pain clinic,” says Broward Sheriff Al Lamberti.

Published on: September 19, 2010

Smile! You’re on Camera Running a Red Light

by Leland Garvin

As of September 8, running a red light at some Broward County intersections will be captured on camera, and subject to a $158 fine.

In May, Gov. Charlie Crist signed HB 325 into law, authorizing local governments to use the cameras as enforcement devices, setting statewide standards and traffic fines for them.

The vehicle owner will receive a citation in the mail, but won’t be issued a traffic violation, so no license points; the owner can appeal the fine. The driver won’t be ticketed for rolling stops, or slowing down and approaching the intersection with caution. Drivers should note, though, that cities have 30 days to send the violations, so you could rack up multiple offenses that all arrive in the mail a month later.

Florida Personal Injury Law Blog